LBR 1006-1. FILING FEES

LBR 1006-1. FILING FEES

(a) Payment of the Filing Fee in Installments.
(1) Eligibility. Only an individual debtor who is unable to pay the full filing fee for a
voluntary petition under chapter 7, 11, or 13, may apply for permission to pay the
filing fee in installments. A corporation, partnership, limited liability company,
unincorporated association, trust, or other artificial entity must pay the filing fee in
full at the time the petition is filed.
(2) Application. The debtor must submit a written application for an order permitting
payment of the filing fee in installments. The application must be accompanied by
a declaration under penalty of perjury establishing that the debtor is unable to pay the
filing fee except in installments. The application and declaration must be completed
on forms prescribed by the court and presented for filing with the petition. If
unrepresented by an attorney, or if required by the court, the debtor must also present
evidence of personal identification in the form of a valid government-issued driver’s
license or identification card, or other similar form of identification satisfactory to
the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor must
provide sworn testimony regarding the basis for the application and circumstances
of the bankruptcy filing. Unless the court specifically waives the requirement of
personal appearance, the debtor’s failure to appear and testify at the prescribed time
and place will result in denial of the application and dismissal of the bankruptcy
case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not required, unless otherwise ordered by the designated judge.
(5) Order. An order authorizing payment of filing fee in installments must fix the
number of installments and the amount and due date of each installment. The
number of installments must not exceed 4. The final installment is payable not later
than 120 days after the filing of the petition, unless extended by the court for cause
shown to a date not later than 180 days after the petition date. The first payment
must be at least $30, unless otherwise ordered by the court.
(6) Dismissal for Nonpayment. The debtor’s failure to pay any installment when due
may result in dismissal of the case after notice and hearing.
(b) Waiver of Chapter 7 Filing Fee.
(1) Eligibility. Only an individual debtor may file an application to waive the filing fee
in a chapter 7 case.
(2) Application. The debtor must submit a written application for an order waiving
payment of the filing fee in a chapter 7 case. The application must be accompanied
by a declaration under penalty of perjury establishing that the debtor qualifies for a
waiver and is unable to pay the filing fee. The application and declaration must be
completed on forms prescribed by the court and presented for filing with the petition.
If unrepresented by an attorney, or if required by the court, the debtor must also
present evidence of personal identification in the form of a valid government-issued
driver’s license or identification card, or other similar form of identification
satisfactory to the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor must
provide sworn testimony regarding the basis for the application and circumstances
of the bankruptcy filing. Unless the court specifically waives the requirement of
personal appearance, the debtor’s failure to appear and testify at the prescribed time
and place will result in denial of the application and dismissal of the bankruptcy
case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not required, unless otherwise ordered by the designated judge.
(5) Order. An order denying an application to waive the chapter 7 filing fee may provide for payment of the filing fee in installments pursuant to LBR 1006-1(a)(5).
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